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HomeMy WebLinkAboutAGE COUNCIL 05/20/2009 2008-2010 ACTIONS J YOSHIMOTO OJN<V OF M1~, GUY ENRIQUES Chair & Presiding Officer BRENDA FORD KELLY GREENWELL PETE HOFFMANN DONALD IKEDA Vice Chair +i` EMILY L NAEOLE ,TE OF'NF'~ DENNIS "FRESH" ONISHI DOMINIC YAGONG COUNTY COUNCIL County of Hawai `i Hawai `i County Building 25 Aupuni Street Hilo, Hawai `i 96720 14th Session ORDER OF BUSINESS Hawaii County Council 333 Kilauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawaii Wednesday, May 20, 2009 9:00 a.m. INVOCATION Reverend Larry Walter of First United Protestant Church CALL TO ORDER 9:04 a.m. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES January 23, 2009 - APPROVED (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests of the People of Our Island Hawai `i County is an Equal Opportunity Provider and Employer. Hawaii County Council-14 Page 2 May 20, 2009 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS Comm. 216.1: REPORT FROM AD HOC COMMITTEE RELATING TO THE 2009-2010 BUDGET From Council Vice Chair Pete Hoffmann, dated May 7, 2009, requesting time at the Council's May 20th meeting in order for the Committee to report its findings to the Council. POSTPONED TO THE JUNE 2. 2009 COUNCIL MEETING Comm. 342: PROPOSED HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) 2009-2010 ANNUAL OPERATING BUDGET From Council Member Dennis "Fresh" Onishi, dated May 7, 2009, requesting Council's approval of HSAC's 2009-2010 annual operating budget. APPROVED ORDER OF RESOLUTIONS Res. 105-09: Amends Resolution No. 296-07, Which Prioritized Lands to be Acquired Pursuant to Hawaii County Code Section 2-218, of the Hawaii County Code 1983 (2005 Edition, as Amended). {Amends and supersedes the prioritization list set forth in Resolution 296-07.) Re: Comm. 257 Intr. by: Mr. Yagong Approve: FC-57 POSTPONED TO THE JUNE 2. 2009_ COLINCIL MEETING ;and Comm. 257.5: From Council Member Brenda J. Ford, dated May 7, 2009, transmitting proposed amendments to Resolution 105-09. Res. 106-09: Directs the County to Enter Into Negotiations for the Immediate Purchase of Open Space Property Currently for Sale and Whose Owners are Willing to Sell to the County of Hawaii Using the Two Percent Open Space Preservation Fund. {Directs the Finance Director to immediately begin negotiations to purchase Pa`o`o, Puapua`a, and Kaiholena parcels. These recommendations are based on the Public Access, Open Space, and Natural Resources Preservation Commission's Yearly Prioritized List (2006, 2007, and 2008) of proposed properties for acquisition based on highest ratings for criteria.) Re: Comm. 258 Intr. by: Mr. Hoffmann Negative: FC-58 POSTPONED TO THE JUNE 2. 2009_ COUNCIL MEETING Hawaii County Council-14 Page 3 May 20, 2009 Res. 126-09: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for a Multi-Year Lease for One Hundred Mobile Data Terminal (MDT) for the Hawaii County Police Department. {The five-year lease for these MDT's will be placed in various officers' vehicles throughout the County giving officers immediate access to the database to check warrants, Temporary Restraining Orders, and prior arrest information.) Re: Comm. 282 Intr. by: Mr. Yagong Approve: FC-53 ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, 11:cda_ Nacolc_ Onishi, Yagong, and Chair )'oshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 127-09 Authorizes Approval of In Lieu Fair Share Contribution to Satisfy Condition "R" of (Draft 2): Ordinance No. 92-40. {Kohala Ranch, LLC, Owner of TMK:(3)5-9-001:010, 015, 016, 017 and TMK:(3)5-9-010:043 would provide an in lieu fair share contribution in the amount of $16,191.99 to assist in the acquisition of a new fire truck to offset future fair share contributions to fire protection functions for 33 single family residential units.) Re: Comm. 287.3 Intr. by: Mr. Ikeda Approve: PC-28 ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, 11:cda_ Nacolc_ Onishi, Yagong_ and Chair )'oshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 154-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,000 out and from Clerk-Council Services-Contingency Relief Account; credits same to Department of Parks and Recreation Elderly Activities Division Recreation Other Current Expenses, Miscellaneous Charges Account. Contingency Relief funds from District 6 would be used to purchase locking cabinets and water dispensers for the Mountain View Senior Center.) Re: Comm. 317 Intr. by: Mr. Enriques Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, 11:cda_ Nacolc_ Onislii_ Y'agong_ and Chair Yos}himoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-14 Page 4 May 20, 2009 Res. 155-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $600 out and from Clerk-Council Services-Contingency Relief Account; credits same to Police Department, Police Administration Division- Other Current Expenses, Education-Recreation-Scientific Account. Contingency Relief funds from District 4 would be used to purchase Junior Police Officer badge stickers. } Re: Comm. 318 Intr. by: Mr. Onishi Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccm"cll_ Hoffmann_ Hwda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 156-09: Recognizes May as "National Drug Court Month." {Increases awareness of drug courts and their missions on the national, state, and local levels; and acknowledges and congratulates all practitioners and participants who have contributed to the growing success of the drug court program.) Re: Comm. 319 Intr. by: Mr. Yoshimoto Waived: HSEDC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ GwcmNcll_ Hoffmann, Ikeda- Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 157-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,500 out and from Clerk-Council Services-Contingency Relief Account; credits same to Department of Liquor Control Public Programs, Miscellaneous Contract Services Account. Contingency Relief funds from District 5 would be used towards Kea`au High School's Grad Night 2009.) Re: Comm. 320 Intr. by: Ms. Naeole Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ GwcmNcll_ Hoffmann, Ikeda- Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9. NOES: None. ABSENT: None. EXCUSED: None. Hawaii County Council-14 Page 5 May 20, 2009 Res. 158-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $22,000 out and from Clerk-Council Services-Contingency Relief Account; credits same to Hawaii Fire Department Fire Prevention - Other Current Expenses, Miscellaneous Charges Account. Contingency Relief funds from District 7 would be used towards the West Hawaii Community Health Center, Inc. - Keiki Clinic in Kealakekua. } Re: Comm. 321 Intr. by: Ms. Ford Waived: FC ADOPTED: AYES: Council Mcnibcrs Enriqucs_ Ford_ Grceimell_ Hoffmann_ Il:cda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 159-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $500 out and from Clerk-Council Services-Contingency Relief Account; credits same to Hawaii Fire Department Ocean Safety Other Current Expenses Account. Contingency Relief funds from District 4 would be used towards Palekana Kai's efforts to purchase and update its training equipment.) Re: Comm. 322 Intr. by: Mr. Onishi Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Il:ccla_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-14 Page 6 May 20, 2009 Res. 160-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,445 out and from Clerk-Council Services-Contingency Relief Account; credits same to Department of Parks and Recreation, Recreation Division Equipment, Miscellaneous Equipment Account. Contingency Relief funds from District 4 would be used to purchase six portable indoor/outdoor tabletop scoreboards.) Re: Comm. 323 Intr. by: Mr. Onishi Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, Il:cda_ Nacolc_ Onislii_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 161-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $10,000 out and from Clerk-Council Services-Contingency Relief Account; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expenses, Miscellaneous Contract Services Account. Contingency Relief funds from District 3 would be used towards the Boys and Girls Club of the Big Island's Skills Mastery and Resistance Training Moves program in Kea`au. } Re: Comm. 324 Intr. by: Mr. Yoshimoto Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikccla_ Nacolc_ Onishi_ Yagoug_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-14 Page 7 May 20, 2009 Res. 162-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $200 out and from Clerk-Council Services-Contingency Relief Account; credits same to Department of Parks and Recreation, Recreation Division Other Current Expenses Account. Contingency Relief funds from District 4 would be used towards community functions in District 4.) Re: Comm. 325 Intr. by: Mr. Onishi Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ GrcemNAL Hoffmann, Ikcda_ Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 168-09: Authorizes the Acceptance of the Monetary Contribution From Na Leo `O Hawaii, Inc., for Production Costs Associated with the Videotaping of Council Meetings. {This contribution of $75,000 would ensure continued broadcasts of Council meetings on Na Leo `O Hawaii.} Re: Comm. 340 Intr. by: Mr. Yagong Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grcem\cll_ Hoarnann_ Ikcda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 169-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,000 out and from Clerk-Council Services-Contingency Relief Account; credits same to Office of Aging, Office of Aging Other Current Expenses, Miscellaneous Charges Account. Contingency Relief funds from District 5 would be used towards the Pahoa Senior Club ($1,000) and Alu Like Kupuna Club ($1,000), who provide transportation, education, and recreation activities for our kupuna. } Re: Comm. 344 Intr. by: Ms. Naeole Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ GrcemNdL Hoffmann, Ikcda_ Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9. NOES: None. ABSENT: None. EXCUSED: None. Hawaii County Council-14 Page 8 May 20, 2009 Res. 170-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,000 out and from Clerk-Council Services-Contingency Relief Account; credits same to Department of Liquor Control Public Programs, Miscellaneous Contract Services Account. Contingency Relief funds from District 5 would be used towards the Hawaii Academy of Arts and Science Charter School's Project Grad Night 2009.} Re: Comm. 345 Intr. by: Ms. Naeole Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ Hoffmann_ Il:cda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 171-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $4,850 out and from Clerk-Council Services-Contingency Relief Account; credits same to Department of Parks and Recreation, Recreation Division Equipment, Miscellaneous Equipment Account. Contingency Relief funds from District 3 would be used to purchase two portable basketball systems for the Stanley Costales Waiakea-Uka Gym.) Re: Comm. 346 Intr. by: Mr. Yoshimoto Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikccla_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-14 Page 9 May 20, 2009 Res. 172-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,000 out and from Clerk-Council Services-Contingency Relief Account; credits same to Department of Parks and Recreation, Recreation Division Other Current Expenses, Education-Recreation-Scientific Account. Contingency Relief funds from District 1 would be used to purchase materials for the Prime Time Football Clinic to be held July 18, 2009, in Honoka`a. } Re: Comm. 347 Intr. by: Mr. Yagong Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, 11:cda_ Nacolc_ Onislii_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 173-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $25,000 out and from Clerk-Council Services-Contingency Relief Account; credits same to Department of Public Works Transfer to Capital Project Fund-General Account. Contingency Relief funds from District 2 would be used to purchase and install miscellaneous traffic calming improvements.) Re: Comm. 348 Intr. by: Mr. Ikeda Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, 11:cda_ Nacolc_ Onislii_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 174-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $35,241.65 out and from Clerk-Council Services- Contingency Relief Account; credits same to Department of Parks and Recreation Transfer to Capital Project Fund-General Account. Contingency Relief funds from District 2 would be used towards park improvements in District 2.) Re: Comm. 350 Intr. by: Mr. Ikeda Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, 11:cda_ Nacolc_ Onislii_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-14 Page 10 May 20, 2009 11:00 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) (NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR.) BILLS FOR ORDINANCES (FIRST READING) Bill 36: Establishes an Operating Budget for the County of Hawaii for the Fiscal Year July 1, 2009, to June 30, 2010. {Proposed $386,279,510 Operating Budget for the County of Hawaii.) Re: Comm. 151 Intr. by: Mr. Yagong No Recommendation: FC-51 Public Hearing: March 23. 2009 AMENDED TO DRAFT , & PASSED l~' READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, Il:cda_ Nacolc_ Onishi, and Chair)'oshimoto - 8. NOES: Council Mcmbcr Yagong - 1. ABSENT: Nonc. ENCLSED: Nonc. ;and Comm. 151.14: From Mayor William P. Kenoi, dated May 5, 2009, transmitting Bill 36, Draft 2. Draft 2 proposes numerous amendments to the previously submitted budget for FY 2009-2010. A narrative summary of the amendments is attached to Communication No. 151.14 (available to the public). Bill 36, Draft 2, revises revenues and expenditures for accounts proposed in Draft 1 as follows: General Fund (total adjustment +$426,346); Highway Fund (total adjustment +$32,232); and proposes two new positions in addition to two positions deleted in Draft 1; and Bill 36 Establishes an Operating Budget for the County of Hawaii for the Fiscal Year (Draft 2): July 1, 2009, to June 30, 2010. {Proposed $386,738,088 Operating Budget for the County of Hawaii.) Intr. by: Mr. Yagong ;and Comm. 151.17: From Council Member Dennis "Fresh" Onishi, dated May 7, 2009, transmitting a proposed amendment to Bill 36, Draft 2; and Comm. 151.18: From Council Member Donald Ikeda, dated May 8, 2009, transmitting a proposed amendment to Bill 36, Draft 2. Hawaii County Council-14 Page 11 May 20, 2009 Bill 37: Relates to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2009, to June 30, 2010. {Proposed 46 projects totaling $161,882,000 Capital Improvements Project Budget for the County of Hawai`i.} Re: Comm. 152 Intr. by: Mr. Yagong No Recommendation: FC-52 Public Hearing: March 23. 2009 AMENDED TO DRAFT PASSED l~" READING: A)'ES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikccla_ Nacolc_ Onishi_ Yagon(,_ and Chair )'oshimoto - Q. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. ;and Comm. 152.1: From Mayor William P. Kenoi, dated May 5, 2009, transmitting Bill 37, Draft 2. Draft 2 proposes 52 projects requiring a total appropriation of $203,836,000 with the following breakdown: General Obligation Bonds, Capital Projects Fund Balance, and/or Other Source ($154,517,000), Federal Grants Receivable ($41,100,000), and State Revolving Fund ($8,219,000), for atotal of $203,836,000. Details are contained in Tables 1 through 5 of this bill; and Bill 37 Relates to Public Improvements and Financing Thereof for the Fiscal Year July 1, (Draft 2): 2009, to June 30, 2010. {Proposed $203,836,000 Capital Improvements Project Budget for the County of Hawaii.) Intr. by: Mr. Yagong ;and Comm. 152.2: From Council Member Guy Enriques, dated May 14, 2009, transmitting a proposed amendment to Bill 37, Draft 2. Hawaii County Council-14 Page 12 May 20, 2009 Bill 50: Adopts a Pay Plan for Persons Employed by the County Other Than Those Whose Pay is Otherwise Provided for, Designates Payroll Periods, Pay Days, Prescribes Requirements with Respect to Official Fidelity Bonds, and Repeals Ordinance No. 08-85 and All Amendments Thereto, Said Ordinance to be Known as the Salary Ordinance of 2009. {The significant amendments are: The County Clerk requested additions to certain pay grade steps (EA-1, EA-2, CA-1, CA-2, CLA-1, and SA-1); the Deputy Executive Assistant to the Council Chairperson (East/West Hawaii) class of work was retitled by deleting "(East/West Hawai`i)" from its title; and the Administrative Services Officer class of work was retitled to Assistant Housing Administrator.) Re: Comm. 194 Intr. by: Mr. Yagong Approve: FC-56 AMENDED TO DRAFT 2& PASSED 1~" READING: AYES: Council Nlcmbcrs Ford_ Grccimcll, 11:cda_ Nacolc_ Onishi_ Yagong_ and Chair Yosliimoto - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Enriqucs and Hoffinarnn - 2. EXCUSED: Nonc. ;and Comm. 194.2: From Council Member Dominic Yagong, dated May 13, 2009, transmitting proposed amendments to Bill 50. Bill 71: Amends Chapter 24, Article 4 of the Hawaii County Code 1983 (2005 Edition, as Amended), Vehicles and Traffic, Relating to Fees. {Changes the calculation of penalties for delinquent payment of vehicle weight tax from ten percent of the amount due to flat fees of $8 for vehicles taxed at the passenger car rate and $20 for vehicles taxed at the commercial rate.) Re: Comm. 283 Intr. by: Mr. Yagong Approve: FC-54 PASSED 1'' READING: AYES: Council Mcmbcrs Ford_ Grccimcll_ Il:cda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Enriqucs and Hoffmann - 2. EXCUSED: Nonc. Hawaii County Council-14 Page 13 May 20, 2009 Bill 72: Amends Chapter 18, Articles 1 and 2, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Common Carriers, Taxicabs and School Buses. {Amends Sections 18-1 to add a definition for "director of finance"; and 18-38 relating to taxicab permits, to correct terminology to reflect the requirement of a permit number on the taxi permit and to remove the requirement that the driver's home address be displayed, replacing that with the taxi company name.) Re: Comm. 284 Intr. by: Mr. Yagong Approve: FC-55 PASSED I'" READING: AYES: Council Mcmbcrs Ford_ Grccn\\cll_ Ikeda. Nacolc_ Onishi, Y'agong_ and Chair Yoshimoto - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Enriqucs and Hoffmann - 2. EXCUSED: None. Bill 80: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Increases revenues in Housing Voucher Program ($700,000); appropriates same to Voucher Rental Subsidies. Fund increase reflects the updated allocation to be received from the U.S. Department of Housing and Urban Development for the period July 1, 2008, through June 30, 2009, for the Housing Choice Voucher (Section 8) Program and would be used for payment of rental assistance for eligible participants of the program.) Re: Comm. 338 Intr. by: Mr. Yagong Waived: FC PASSED 1'' READING: AYES: Council Mcmbcrs Ford_ Grccn\vcll_ Ikeda- Nacolc_ Ouishi_ Y'agong_ and Chair Yoshimoto - 7. NOES: None. ABSENT: Council Nlcmbcrs Enriqucs and Hoffmann - 2. EXCUSED: Nonc. Bill 81: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Increases revenues in Transfer from General Fund ($5,000); appropriates same to Hamakua Health Center, Inc. Funds from Council District 9 would be used towards the purchase of x-ray equipment for a mobile dental van.) Re: Comm. 339 Intr. by: Mr. Yagong Waived: FC PASSED 1'' READING: AYES: Council Mcmbcrs Ford_ Grccimcll_ Ikeda. Nacolc_ Onishi, Yagong_ and Chair Yoshimoto - 7. NOES: None. ABSENT: Council Mcmbcrs Enriqucs and Hoffmann - 2. EXCUSED: None. Hawaii County Council-14 Page 14 May 20, 2009 Bill 82: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Appropriates revenues in Videotaping Contribution - Na Leo `O Hawaii ($75,000); appropriates same to Videotaping - Na Leo `O Hawai`i.} Re: Comm. 340 Intr. by: Mr. Yagong Waived: FC PASSED 1" READING: AYES: Council Mcmbcrs Ford_ Grccimcll_ Ikeda- Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Enriqucs and Hoffmann - 2. EXCUSED: Nonc. Bill 83: Authorizes the Mayor of the County of Hawaii to Enter Into an Intergovernmental Agreement for a Loan from the American Recovery and Reinvestment Act of 2009 (ARRA) Portion of the State Water Pollution Control Revolving Fund for Wastewater Public Improvement Projects; and Authorizes the Issuance of $7,500,000 General Obligation Bonds of the County of Hawaii for the Purpose of Financing Qualified Wastewater Public Improvements of the County of Hawaii. {Funds would be used towards the following projects: Komohana Heights LCC Replacement, Honoka`a LCC Replacement, Queen Liliuokalam Village LCC Replacement, North Kona Sewer, and North Kona Effluent Reuse Upgrade.) Re: Comm. 341 Intr. by: Mr. Yagong Waived: FC PASSED 1'' READING: AYES: Council Mcmbcrs Ford_ Grccn\vcll_ Hoffinann_ Ikeda- Nacolc_ Onishi_ Yagong- and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council Nlcmbcr Enriqucs - 1. EXCUSED: Nonc. Bill 84: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Increases revenues in Federal Grants - Workforce Investment Act 2007 (WIA) ($2,460); appropriates same to WIA - Youth Program 2007-08.) Re: Comm. 343 Intr. by: Mr. Hoffmann Waived: CHA PASSED 1 READING: AYES: Council Mcmbcrs Ford_ Grccimcll_ Hoffmann- Ihcda_ Nacolc_ Yagong_ and Chair Yoshimoto - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Enriqucs and Onishi - 2. EXCUSED: Nonc. Hawaii County Council-14 Page 15 May 20, 2009 Bill 85: Amends Ordinance No. 08-79, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2008, to June 30, 2009. {Adds PUBLIC WORKS: Council District 2 Traffic Calming Improvements ($25,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources (Contingency Relief) ($25,000). Funds would be used towards traffic calming improvements in District 2, which may include street lights, smart signs, traffic calming devices, guard rails, and other necessary and appropriate improvements.) Re: Comm. 351 Intr. by: Mr. Ikeda Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter PASSED 1~"' READING: AYES: Council Mcmbcrs Ford_ Grccimcll_ Hoffmann_ 11:cda_ Nacolc_ Y'agong_ and Chair Yoshimoto - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Enriqucs and Onishi - 2. EXCUSED: Nonc. Bill 86: Amends Ordinance No. 08-79, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2008, to June 30, 2009. {Adds PARKS AND RECREATION: Discretionary Projects - Council District 2 ($35,241.65); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources (Contingency Relief) ($35,241.65). Funds would be used towards park facility improvements in District 2, which may include fencing, gates, renovation, installation and construction, and any other necessary and appropriate improvements.) Re: Comm. 352 Intr. by: Mr. Ikeda Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter PASSED 1 ~ ' READING: AYES: Council Mcmbcrs Ford_ Grccimcll_ Hoffiiaun_ lkcda_ Nacolc_ Yagong, and Chair )'oshimoto - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Enriqucs and Ornishi - 2. EXCUSED: Nonc. 1:30 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS Hawaii County Council-14 Page 16 May 20, 2009 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 49 Amends Chapter 2, Article 42, of the Hawaii County Code 1983 (2005 Edition, as (Draft 2): Amended), Relating to Public Access, Open Space, and Natural Resources Preservation Fund. {Suspends the transfer of 2 percent of real property tax revenue, including penalties and interest, to the Public Access, Open Space, and Natural Resources Preservation Fund, effective July 1, 2009, to June 30, 2011; and that no payments relating to this section shall be allocated or deposited provided, however, that all payments accrued through June 30, 2009, shall be allocated and deposited by July 31, 2009.} Re: Comm. 193.73 Intr. by: Mr. Hoffmann 1 st Reading: April 22, 2009 PASSED 2''' & FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Hoffiiaun_ Ikcda_ Nacolc_ Onishi_ and Chair Yoshimoto - 6. NOES: Council Mcmbcrs Ford_ Grccimcll_ and Yagong- 3. ABSENT: Nonc. EXCUSED: Nonc. Bill 62: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2 (Moving Vehicles), Section 24-274.1, Schedule 22.1 (Traffic signal systems), paragraph (f), Kona, by adding Ali`i Drive/Kaleiopapa Road.} Re: Comm. 251 Intr. by: Ms. Ford 1st Reading: May 6, 2009 PASSED 2'''& FINAL READING: AYES: Council Mcmbcrs Ford_ Grccimcll, Hof iiann, 11:cda_ Nacolc, Yagong_ and Chair Yoshimoto - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Enriqucs and Onishi - 2. EXCUSED: Nonc. Hawaii County Council-14 Page 17 May 20, 2009 Bill 63: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2 (Moving Vehicles), Section 24-274.1, Schedule 22.1 (Traffic signal systems), paragraph (f), Kona, by adding Haleki`i Street, at mid-block crosswalk, two hundred seventy feet east of Mamao Street.) Re: Comm. 256 Intr. by: Ms. Ford 1st Reading: May 6, 2009 PASSED 2'''& FINAL READING: AYES: Council Mcmbcrs Euriqucs_ Ford_ Grccim cll_ Hoff iiaun_ Ikcda_ Nacolc_ )'a(Tong_ and Chair )'oshimoto - 8. NOES: Nonc. ABSENT: Council Mcnibcr Ornis}hi - 1. EXCUSED: Nonc. Bill 74: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Appropriates revenues in the following: Federal Grants - Nutrition - Congregate Meals - American Recovery and Reinvestment Act (ARRA) ($53,889) and Federal Grants - Nutrition - Home Delivered Meals - ARRA ($26,530), for a total of $80,419; appropriates to the following: Nutrition - Congregate Meals - ARRA - Salaries and Wages ($13,000), Nutrition - Congregate Meals - ARRA - Other Current Expenses ($40,889), Nutrition - Home Delivered Meals - ARRA - Salaries and Wages ($18,607), and Nutrition - Home Delivered Meals - ARRA - Other Current Expenses ($7,923), for a total of $80,419.) Re: Comm. 291 Intr. by: Mr. Yagong 1st Reading: May 6, 2009 PASSED 2'''& FINAL READING: A)'ES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ihccla_ Nacolc_ Yagong_ and Cliair Y'osliimoto - 8. NOES: Nonc. ABSENT: Council Mcnibcr Ornis}hi - 1. EXCUSED: Nonc. Hawaii County Council-14 Page 18 May 20, 2009 Bill 75: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Appropriates revenues in Federal Grants - Multi-Hazard Mitigation Plan ($361,448); appropriates same to Multi-Hazard Mitigation Plan. Funds would be used towards an update of the County's multi-hazard mitigation plan, which would include information from two University of Hawaii projects (Lava Flow Modeling and Landslide Area Mapping) and the Department of Public Works' Comprehensive Floodplain Management program.) Re: Comm. 308 Intr. by: Mr. Yagong 1st Reading: May 6, 2009 PASSED 2"" c FINAL READING: AYES: Council Mcnibcrs Enriqucs_ Ford_ Grceimell_ Hoffmann_ Il:cda_ Nacolc_ Yagong_ and Chair- Yoshimoto -8. NOES: Nonc. ABSENT: Council Mcrnbcr Onishi - 1. EXCUSED: Nonc. Bill 76: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Appropriates revenues in State Grants - Statehood Commemoration ($40,000); appropriates same to Statehood Commemoration.) Re: Comm. 311 Intr. by: Mr. Yagong 1st Reading: May 6, 2009 PASSED 2"" c FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, Il:cda_ Nacolc_ Yagong_ and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council Nlcmbcr Onishi - 1. EXCUSED: Nonc. REPORTS FINANCIAL Monthly Budget Status Report from the Department of Finance for the Month REPORT: Ended October 31, 2008. ACCEPTED FINANCIAL Monthly Budget Status Report from the Department of Finance for the Month REPORT: Ended November 30, 2008. ACCEPTED PC-27 Recommends approval of the nomination of Mr. Zendo Kern to the Windward (Comm. 285): Planning Commission. POSTPONED TO THE JUNE 2. 2000 _ COUNCIL MEETING Hawaii County Council-14 Page 19 May 20, 2009 REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following matter, pursuant to Section 92-5(a)(4), for the purpose of consulting with Council's attorney on questions and issues pertaining to the Council's powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to FIRS Section 92-4 and Rule 10 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Comm. 353: REQUEST FOR REPRESENTATION OF FORMER HAWAII COUNTY CHIEF OF POLICE LAWRENCE K. MAHUNA; GEORGE K. YOUNG V. STATE OF HAWAI l , ET AL, CIVIL NO. CV08-00540 DAEIKSC From Deputy Corporation Counsel Joseph K. Kamelamela_ dated May 1. 2009. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT 5:58 p.iw Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation "By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by May 18, 2009. Relay users please call 711(961-8255) to contact our office. Copies of this agenda and items listed on the agenda are available on the County Council-Clerk web page at http://co.hawaii.hi.us/council/agendas_and_actions.htm. For further information, please call 961-8255. Public Attendance Via Videoconference is available at the following locations until 4:30 p.m., or later in the event public witness testimony has not been completed: • Kona Council Office, Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona; and • Waimea Council Office at the Holomua Center, 64-1067 Mamalahoa Highway, Suite 5. If for technical or other unanticipated circumstances the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. Submitting Testimony: Those submitting written testimony at the meeting should bring fourteen (14) copies for distribution. Testimony may also be submitted before 12:00 noon on the business day prior to the meeting: (1) by mail to the County Clerk's Office in Hilo at 25 Aupum Street, Hilo, Hawaii, 96720; (2) by facsimile to (808) 961-8912; or (3) by e-mail to counciltestimon va,co.hawaii.hi.us. Please submit separate testimony for each item. Hawaii County Council-14 Page 20 May 20, 2009 Viewing of Meetings on Government Access Television - Channel 52: Wednesday's, May 27 and June 3, 2009, at 6 p.m.; Friday's, May 29 and June 5, 2009, at 12 p.m.; and Sunday's, May 31 and June 7, 2009, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State Legislature. UPCOMING MEETINGS MONDAY, JUNE 1, 2009 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY, JUNE 2, 2009 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY, JUNE 16, 2009 COUNCIL 9:00 A.M. SHERATON KEAUHOU BAY RESORT & SPA